Health care directive in New York: form, signing and who decides
The form, who can witness, who can be your agent and who decides if you have no directive in New York.
Checked against official sources: October 31, 2026.
Short answer
Health Care Proxy
- Official form
- Health Care Proxy
- How to sign
- Signed in front of two witnesses (no notary)
- Who decides without a directive
- Yes
The document and its form
- Document
- Health Care Proxy
- Official form
- Health Care Proxy (Form 1430, New York State Department of Health)Published by New York State Department of HealthVersion: 1430 (8/22)
You do not have to use it.
- Living will
Written health care instructions
The living will is a separate document.
New York has no statutory living will form. You can write your wishes and instructions, including limits on your agent, in your health care proxy. Written instructions do not revoke your proxy and are evidence of your wishes for your agent to follow.
Law: N.Y. Pub. Health Law § 2981(5)(d); N.Y. Pub. Health Law §§ 2981(5)(b), 2985(1)(d)
Signing rules
- How to sign
Sign and date the health care proxy in front of two adult witnesses, who also sign. No notary or lawyer is needed. Your agent cannot be a witness.
- Who signs
Signed and dated by you, or by another person at your direction and in your presence if you cannot sign.
- Notary
- Not required
- Witnesses
- 2
- Who cannot witness
Two adult witnesses sign the proxy and state that you appeared to sign willingly and free from duress. The person you appoint as agent cannot be a witness. The Department of Health's form also says the alternate agent cannot sign as a witness.
- Nursing facilities and special settings
If you live in a mental hygiene facility operated or licensed by the Office of Mental Health, at least one witness must not be affiliated with the facility, and if it is also a hospital, at least one witness must be a qualified psychiatrist or psychiatric nurse practitioner. If you live in a facility operated or licensed by the Office for People With Developmental Disabilities, at least one witness must be unaffiliated and at least one must be a qualified physician, nurse practitioner, physician assistant or clinical psychologist.
- Electronic signing
Either or both witnesses can witness by audio-video technology if you show photo ID (unless the witness knows you), the conference allows direct interaction, the remote witness receives a legible copy within 24 hours, and signs and returns it.
Law: Pub. Health Law § 2981(2-a)
Law: N.Y. Pub. Health Law § 2981(2), (2-a)
Who can be your agent and what the agent can do
- Who cannot be your agent
If you are a patient or resident of a hospital, nursing home, mental hygiene facility or hospice, or have applied for admission, its operator, administrator or employee cannot be your agent unless related to you by blood, marriage or adoption (with special rules for physicians, physician assistants and nurse practitioners). A person who is not your close relative cannot be appointed if they already serve as agent for 10 people.
Law: Pub. Health Law §§ 2980(9), 2981(3)
- When the agent starts
The agent's authority starts when your attending practitioner determines that you lack capacity to make health care decisions, and ends if you regain capacity.
Law: Pub. Health Law §§ 2981(4), 2983
- Decisions an agent cannot make
If your wishes about artificial nutrition and hydration (tube feeding or IV fluids) are not reasonably known, the agent cannot make decisions about them. Otherwise the agent decides according to your wishes and religious and moral beliefs, or in your best interest.
Law: Pub. Health Law § 2982(2)
Revoking and conflicting documents
- Revoking your agent
You can revoke a health care proxy by telling your agent or a health care provider, orally or in writing, or by any other act showing you intend to revoke it. Signing a new health care proxy revokes the old one.
- Revoking your instructions
Written wishes or limits added later do not revoke the proxy unless they say so.
- Telling others
A physician, physician assistant or nurse practitioner who learns of the revocation must record it in your medical record and tell the agent and your care team.
- Divorce ends a spouse's authority
- Yes · Divorce rules in New York (Divorce Law Map)
- Conflicting documents
A later health care proxy revokes an earlier one.
Law: Pub. Health Law § 2985(1)(c)
Law: N.Y. Pub. Health Law § 2985
If you have no directive
- Who decides without a directive
Under the Family Health Care Decisions Act, if you lack capacity and have no health care agent, one person from the highest available class becomes your surrogate. This law applies to decisions about care in a hospital or nursing home and to hospice care. Hospital staff and affiliated practitioners generally cannot be your surrogate unless related to you or a close friend from before admission.
- A guardian authorized to make health care decisions under Mental Hygiene Law Article 81
- Your spouse (if not legally separated) or domestic partner
- An adult son or daughter
- A parent
- An adult brother or sister
- A close friend
Law: N.Y. Pub. Health Law §§ 2994-b, 2994-d
Other states, registry and medical orders
- Signed in another state
A health care proxy or similar document signed in another state under that state's law is valid in New York.
Law: Pub. Health Law § 2990
- POLST (medical orders)
Medical Orders for Life-Sustaining Treatment (MOLST), form DOH-5003
Free notice: revoke or change a health care directive
Free help in New York
- LawHelpNY
- NYS Department of Health: Health Care Proxy (form and information)
- NYS Department of Health: MOLST
- New York General Obligations Law, Article 5, Title 15 (official text)
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Questions about powers of attorney in New York
How do I sign a health care directive in New York?
Sign and date the health care proxy in front of two adult witnesses, who also sign. No notary or lawyer is needed. Your agent cannot be a witness.
Who decides my health care if I have no directive in New York?
Under the Family Health Care Decisions Act, if you lack capacity and have no health care agent, one person from the highest available class becomes your surrogate. This law applies to decisions about care in a hospital or nursing home and to hospice care.